COLLINS v NORTHLAND REGIONAL COUNCIL [2013] NZHC 3551

COLLINS v NORTHLAND REGIONAL COUNCIL [2013] NZHC 3551

The court ruled that the second respondent is entitled to full recovery of the expert witness expenses for Messrs Jamieson ($9,775) and Blackburn ($8,970) because the invoices were reasonable, the experts had a considerable amount of material to consider, and nothing indicated their time calculations or charge-out rates were unreasonable.

Citation
[2013] NZHC 3551
Parties
First Applicant: Michael Collins; First Applicant: Robert A Collins; Second Applicant: Peter William Richards; Third Applicant: Neville Colin Thorne; Fourth Applicant: Mark Cameron Gurr; Fourth Applicant: Heather Angela Gurr; First Respondent: Northland Regional Council; Second Respondent: Whangarei District Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2013
Procedural Posture
Application for Review Under the Resource Management Act 1991 / Costs Determination
Outcome
Second respondent awarded full recovery of the two expert witness expenses
Legal Topics
Public Notification, Resource Consent, Expert Witness Expenses, Costs Awards
Resource Management Administrative Law Civil Procedure Public Notification Resource Consent Expert Witness Expenses Costs Awards

Case Brief

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Parties

Michael Collins

First Applicant

Robert A Collins

First Applicant

Peter William Richards

Second Applicant

Neville Colin Thorne

Third Applicant

Mark Cameron Gurr

Fourth Applicant

Heather Angela Gurr

Fourth Applicant

Northland Regional Council

First Respondent

Whangarei District Council

Second Respondent

Procedural Posture

Application for Review Under the Resource Management Act 1991 / Costs Determination

Legal Issues

  1. 1 Whether the second respondent is entitled to full recovery of expert witness expenses
  2. 2 Whether the expert invoices are reasonable in time and charge-out rates

Ratio Decidendi

The court ruled that the second respondent is entitled to full recovery of the expert witness expenses for Messrs Jamieson ($9,775) and Blackburn ($8,970) because the invoices were reasonable, the experts had a considerable amount of material to consider, and nothing indicated their time calculations or charge-out rates were unreasonable.

Court Disposition

Second respondent awarded full recovery of the two expert witness expenses

Orders

  • Second respondent entitled to full recovery of witness expenses for Messrs Jamieson ($9,775) and Blackburn ($8,970) as set out in paragraph 4 of the memorandum of counsel dated 29 November 2013